Closing Statements Delivered in 2022 Homicide Case

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On Dec. 16, counsel delivered closing statements for a homicide defendant before Baltimore City Circuit Court Judge Lawrence Daniels.

Antonio Bardney, 24, is charged with first-degree murder and robbery regarding the Aug. 23, 2022 death of 60-year-old Victorino Malabayabas. Malabayabas was assaulted and robbed on the 600 block of South Kenwood Avenue.

During closing statements, the prosecution presented surveillance video footage showing Malabayabas parking his car with grocery bags inside. A person identified as Bardney appears to hesitate when Malabayabas drives past. 

The prosecution recapped the case, saying that Bardney deceived the victim into believing he needed help before robbing him. Allegedly, Bardney pulled Malabayabas down and injured him so seriously that, “There was no way he could survive.” 

Police recovered and analyzed samples of what they say is Bardney’s DNA that was found in Malayabayas’ pocket. 

The prosecution reminded the jury that if Bardney only planned to rob someone, he should nonetheless be held accountable for an intent to kill. 

Bardney’s defense attorney, Christopher O’Meara, challenged the DNA evidence, stating that DNA transfer is not always direct and that Malaybayabas’ pocket also contained DNA belonging to at least one unidentified contributor.

O’Meara also said that the car Bardney drove was registered to another person and claimed that police failed to follow up on other promising leads.

The jury is set to begin deliberations on Dec. 17.